Magistrate Pasquale found that there was insufficient evidence to proceed.

Tumi Mokoena, the defence attorney, told the court earlier that: “The State has said during the previous appearance it will be ready for trial today and now we have been here for two hours and the State still asks for a postponement to do further investigations.

“It means the State is still not ready,” he said in requesting that the matter be struck off the court roll.

State prosecutor Melvin Mathaba had asked for a postponement to allow police to submit video footage showing the assault of Makana and the medical certificate detailing his injuries.

Makana later said he was unhappy with the police’s shabby investigation. “There is sufficient evidence which they failed to bring to court. Two witnesses were not even contacted by police.”

Mohloana’s attorney Mokoena said it was clear the State had no case against his client. “We were ready for trial and the State is not ready. They must go back and do further investigations and call us again.”

Mohloana allegedly hit Makana on the head with a brick.

At the time, Makana was investigating allegations that fake voting cards were being manufactured to be used by delegates in the elective conference.

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